Date Received: 2023-11-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. Because of this I could not purchase a home or gain a credit card. I never gave this company my information or endorsed an instrument with them. Pursuant to 12 CFR 1006.6, more specifically subsection ( c ), this is a notice to cease all communications as the Fair debt collection practices act describes it which includes both direct and indirect communication on ANY medium except that you may ONLY communicate with me under the stipulations that you will send me validating information such as the entire purchase agreement ( and other validating data ) and/or to respond to ANY complaints from the Consumer Financial Protection Bureau ( cfpb ). In case this company feigns ignorance, I attached a screenshot of the XXXX website explaining how the FDCPA defines communication. I did not endorse an instrument with LVNV FUNDING nor have they provided proof that I did with my wet ink signature, they only purchased a contract and are trying to collect without having it endorsed first which violates Uniform Commercial Code 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee
Company Response:
State: PA
Zip: 18704
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Ive attached below the documentation proof showing that the account has been paid in full. I would like to request this notification be sent to XXXX to update my credit report
Company Response:
State: FL
Zip: 33971
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: This company did not do what they said that they would do. They have stated that they would honor my request to cease all communications and yet I had found that they are still attempting to communicate with me which completely violates the fair debt collection practices act. Under chapter 41 of title 15, the fair debt collection practices act defines communication as " conveying of information regarding a debt directly or indirectly to any person through any medium ''. Credit reporting is an indirect medium that this company is using to communicate with me and I had thought that this company " Obeyed '' federal and state laws and yet they had over looked the first XXXX subchapters? I have reason to believe that this company is purposely doing this for financial gain. It is clear that they do not care about a consumer 's right to privacy so I do intend to litigate if this matter does not get solved immediately.
Company Response:
State: PA
Zip: 187XX
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have told this company to cease communicating with me about these two accounts ( XXXX and XXXX ) and they are still communicating with me indirectly via credit reporting. The fdcpa states that once a consumer notifies a debt collector in writing of refusal to pay or to cease all communications, a debt collector may not communicate with the consumer. In that act, the term communication is defined as " conveying of information regarding a debt directly or indirectly to any person through any medium '' and credit reporting is an indirect medium. I demand this company to cease all reporting and to compensate me for violating the Fair debt collection practices act.
Company Response:
State: PA
Zip: 187XX
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: It has been 2 months since I have made a complaint with the cfpb regarding lvnv funding communicating with me and attempting to collect on alleged debts for the following two accounts ; XXXX and XXXX. In that complaint I had stated that they have been violating the Fair Debt Collection Practices Act ( FDCPA ) to which they have completely denied all allegations. Afterwards they stated that they would honor my request to cease all communications. Since then, they have still continued to communicate with me which is a clear violation of the FDCPA and I have proof. Now I am demanding compensation. The FDCPA defines communication as " conveying of information regarding a debt directly or indirectly to any person through any medium '' and credit reporting is an indirect medium of which they have decided to continue to communicate with me which is a clear violation of 15 U.S. Code 1692c. This company does NOT care about obeying federal laws and I am asking the consumer financial protection bureau ( cfpb ) to enforce federal laws onto this company. Otherwise I will proceed with litigation.
Company Response:
State: PA
Zip: 18201
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: On XX/XX/, I diligently took the necessary steps to address the unjust reporting of an account by sending a prearbitration letter via certified mail to LVNV Funding / Resurgent Capital Services. Despite my earnest effort to rectify this matter promptly, I have regrettably received no response from them to date. This lack of communication is not only disconcerting but also significantly impacting my financial credibility. It is important to underscore that I have no association with the account in question, and, moreover, I was never apprised by XXXX XXXX Bank that they would be divulging my information to LVNV Funding or Resurgent Capital Services. Furthermore, the involvement of XXXX XXXX XXXX in the collection process on behalf of these entities compounds the complexity of the situation. The absence of a response and resolution exacerbates the adverse effects on my financial standing, and I seek a prompt and just resolution to rectify this matter.
Company Response:
State: PA
Zip: 19138
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: A debt I owed was referred to this company. I have no record of them trying to contact me directly. They sent a server to my mom 's house and I had to call and wait on hold for hours to track down someone who could tell me what it was for. I was able to pay off the debt in full over the span of less than a week ( final payment XX/XX/07 - over one week ago ). I was told I would receive a paid in full letter within 24 hours. It has now been over a week and I have called again, sent an email, and am currently on hold to request again. This company uses very aggressive tactics and they already tried to serve me and take me to court once so I am understandably very concerned they're withholding this legal document. In Utah the law is they must provide the letter within 5 days. It has been 7 with no progress. Until I have that letter, I'm in a constant state of XXXX waiting for a server to show up, or my paycheck to be garnished because so far all this company has done is show they are extremely aggressive and can't keep their word.
Company Response:
State: UT
Zip: 84403
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: I have been asked to go yo court for a debt that closed out in 2008. 15 year old debt should not be reported.
Company Response:
State: MD
Zip: 20602
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: This isnt right I keep disputing this on my credit report when I called into the company they were very rude and Credit companies Keep putting this bill back on my credit report that I do not owe.
Company Response:
State: MD
Zip: 21215
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Capital one bank with account # XXXX. This account is currently closed due to missed payments, the creditor capital one who I have opened a credit line with sold my information without my consent to a debt collector name XXXX XXXX. I never give capital one permission to sold my information, my information should held private and confidential, this is a volition of the Fair Credit Reporting Act Privacy Act of 1974, as amended,5 U.S.C. 552a capital one has caused me and my family harm by selling my information without my consent to a debt collector which is reporting incorrect and inaccurate information to my credit report, multiple phone calls numerous times and for a debt that I don't owed to them.
Company Response:
State: CT
Zip: 06108
Submitted Via: Web
Date Sent: 2023-12-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A